Industrial Tribunals Northern Ireland Decisions

 


THE INDUSTRIAL TRIBUNALS

CASE REF: 1288/05

CLAIMANT: David Ernest Alfred Woods

RESPONDENT: Department of Agriculture & Rural Development

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the tribunal has jurisdiction to entertain the claimant's complaint as it was presented within the extended period for presenting a complaint by virtue of Regulation 15 (1) and (2) of the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004.

Constitution of Tribunal:

Chairman: Ms J Knight (Chairman sitting alone)

Appearances:

The claimant was represented by Mr I Turkington Barrister-at-Law, instructed by Andrew T. Armstrong & Co Solicitors.

The respondent was represented by Ms N Murnaghan Barrister-at-Law, instructed by the Departmental Solicitors Office.

The tribunal considered the originating claim, the notice of appearance and the submissions of Counsel for the parties.

The following facts were agreed by the parties:

The claimant was employed by the respondent as an Animal Health and Welfare Inspector from 14^th March 1983 until his dismissal on grounds of misconduct with effect from 16^th May 2005.

The claimant lodged an appeal against his dismissal under the internal disciplinary procedure on 10th August 2005. This appeal was heard on 13^th October 2005 when the dismissal was upheld.

The claimant's originating claim of unfair dismissal was received by the industrial tribunal on 9^th September 2005, clearly outside the 3 month time limit prescribed by Article 145(2) of the Employment Rights (Northern Ireland) Order 1996 which expired on 15^th August 2005.

However the chairman found on the basis of these facts, and the parties agreed, that the normal time limit for presenting the claim is extended for a period of three months beginning with the day after the day on which it would otherwise have expired in accordance with Regulation 15(1) (a) of the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004.

The chairman was satisfied in accordance with Regulation 15(2) that the claimant, having lodged an appeal against his dismissal, had reasonable grounds for believing, when the normal time limit expired, that a dismissal or disciplinary procedure, was being followed in respect of the matters that consisted of or included the substance of his complaint to the tribunal.

Therefore the chairman is satisfied that the claim is presented within the extended time limit and accordingly the tribunal has jurisdiction to consider the claimant's claim.

Chairman:

Date and place of hearing: 4^th May 2006, Omagh.

Date decision recorded in register and issued to parties: